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July 10, 2008

A federal appeals court said yesterday that the Federal Communications Commission is seriously reconsidering its critical power backup rules at cell sites.

This is in light of hurricane Katrina and other similar disasters of major proportion in the U.S.

In 2007, this idea seemed benign to some, but not to others. For this to work, the FCC would require full backup power to be available for a minimum period of at least 24 hours at central sites, and for at least a minimum of eight hours for 2-way transmitting towers.

Emergency backup power is necessary to prevent catastrophic communications failures in case of other similar national emergencies such as the Sep. 11, 2001 terrorist attacks or Hurricane Katrina.

FCC spokesman Robert Kenny said “it is well-documented that there is a serious deficiency in this area, and that we must carefully resolve this important problem rapidly.”

The FCC previously offered a compromise to wireless carriers, saying there can be some exemptions wherever it’s impossible or unsafe to install diesel power generators or alternative backup power sources.

However, the FCC never presented its rules to the federal Office of Management and Budget, which is required by law. So until that happens, the rules cannot be enforced, the court said.

Kenny added “we are studying the court’s ruling, and we are considering our next steps. But in the mean time, no other corrective action is to be taken for now.”

CTIA spokesman Joe Farren said “we are pleased with the court’s decision to keep the stay in place while the FCC completes its work on this item.”

The CTIA, Sprint Nextel and a few others have sued the FCC, asserting the rules would require backup power in tight, urban locations and would be a major financial burden to them.

Roger Entner, a Nielsen / IAG analyst says “in general, emergency backup power is a good idea for the nation’s approximately 40,000 cell tower sites. Concerns about space and safety are valid although some companies such as Verizon Wireless already include backup power whenever possible."

He added "as long as the FCC can illustrate public benefit, it will win. The FCC has really broad decision-making powers. The end effect of any decision against the FCC is a simple but necessary delay.”

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Source: The FCC.